Full Text of SB3016 94th General Assembly
SB3016eng 94TH GENERAL ASSEMBLY
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LRB094 18938 RLC 54389 b |
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| AN ACT concerning sex offenders.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Sex Offender Registration Act is amended by | 5 |
| changing Sections 3 and 6 as follows: | 6 |
| (730 ILCS 150/3) (from Ch. 38, par. 223) | 7 |
| Sec. 3. Duty to register.
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| (a) A sex offender, as defined in Section 2 of this Act, or | 9 |
| sexual
predator shall, within the time period
prescribed in | 10 |
| subsections (b) and (c), register in person
and provide | 11 |
| accurate information as required by the Department of State
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| Police. Such information shall include a current photograph,
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| current address,
current place of employment, the employer's | 14 |
| telephone number, school attended, extensions of the time | 15 |
| period for registering as provided in this Article and, if an | 16 |
| extension was granted, the reason why the extension was granted | 17 |
| and the date the sex offender was notified of the extension. | 18 |
| The information shall also include whether the victim and the | 19 |
| sex offender knew each other at the time of the commission of | 20 |
| the offense, county of conviction, license plate numbers for | 21 |
| every vehicle registered in the name of the sex offender, and | 22 |
| any distinguishing marks located on the body of the sex | 23 |
| offender. A person who has been adjudicated a juvenile | 24 |
| delinquent for an act which, if committed by an adult, would be | 25 |
| a sex offense shall register as an adult sex offender within 10 | 26 |
| days after attaining 17 years of age. The sex offender or
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| sexual predator shall register:
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| (1) with the chief of police in the municipality in | 29 |
| which he or she
resides or is temporarily domiciled for a | 30 |
| period of time of 5 or more
days, unless the
municipality | 31 |
| is the City of Chicago, in which case he or she shall | 32 |
| register
at the Chicago Police Department Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 2 |
| resides or is
temporarily domiciled
for a period of time of | 3 |
| 5 or more days in an unincorporated
area or, if | 4 |
| incorporated, no police chief exists.
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| If the sex offender or sexual predator is employed at or | 6 |
| attends an institution of higher education, he or she shall | 7 |
| register:
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| (i) with the chief of police in the municipality in | 9 |
| which he or she is employed at or attends an institution of | 10 |
| higher education, unless the municipality is the City of | 11 |
| Chicago, in which case he or she shall register at the | 12 |
| Chicago Police Department Headquarters; or | 13 |
| (ii) with the sheriff in the county in which he or she | 14 |
| is employed or attends an institution of higher education | 15 |
| located in an unincorporated area, or if incorporated, no | 16 |
| police chief exists.
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| For purposes of this Article, the place of residence or | 18 |
| temporary
domicile is defined as any and all places where the | 19 |
| sex offender resides
for an aggregate period of time of 5 or | 20 |
| more days during any calendar year.
Any person required to | 21 |
| register under this Article who lacks a fixed address or | 22 |
| temporary domicile must notify, in person, the agency of | 23 |
| jurisdiction of his or her last known address within 5 days | 24 |
| after ceasing to have a fixed residence.
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| Any person who lacks a fixed residence must report weekly, | 26 |
| in person, with the sheriff's office of the county in which he | 27 |
| or she is located in an unincorporated area, or with the chief | 28 |
| of police in the municipality in which he or she is located. | 29 |
| The agency of jurisdiction will document each weekly | 30 |
| registration to include all the locations where the person has | 31 |
| stayed during the past 7 days.
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| The sex offender or sexual predator shall provide accurate | 33 |
| information
as required by the Department of State Police. That | 34 |
| information shall include
the sex offender's or sexual | 35 |
| predator's current place of employment.
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| (a-5) An out-of-state student or out-of-state employee |
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| shall,
within 5 days after beginning school or employment in | 2 |
| this State,
register in person and provide accurate information | 3 |
| as required by the
Department of State Police. Such information | 4 |
| will include current place of
employment, school attended, and | 5 |
| address in state of residence. The out-of-state student or | 6 |
| out-of-state employee shall register:
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| (1) with the chief of police in the municipality in | 8 |
| which he or she attends school or is employed for a period | 9 |
| of time of 5
or more days or for an
aggregate period of | 10 |
| time of more than 30 days during any
calendar year, unless | 11 |
| the
municipality is the City of Chicago, in which case he | 12 |
| or she shall register at
the Chicago Police Department | 13 |
| Headquarters; or
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| (2) with the sheriff in the county in which
he or she | 15 |
| attends school or is
employed for a period of time of 5 or | 16 |
| more days or
for an aggregate period of
time of more than | 17 |
| 30 days during any calendar year in an
unincorporated area
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| or, if incorporated, no police chief exists.
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| The out-of-state student or out-of-state employee shall | 20 |
| provide accurate
information as required by the Department of | 21 |
| State Police. That information
shall include the out-of-state | 22 |
| student's current place of school attendance or
the | 23 |
| out-of-state employee's current place of employment.
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| (b) Any sex offender, as defined in Section 2 of this Act, | 25 |
| or sexual
predator, regardless of any initial,
prior, or other | 26 |
| registration, shall, within 5 days of beginning school,
or | 27 |
| establishing a
residence, place of employment, or temporary | 28 |
| domicile in
any county, register in person as set forth in | 29 |
| subsection (a)
or (a-5).
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| (c) The registration for any person required to register | 31 |
| under this
Article shall be as follows:
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| (1) Any person registered under the Habitual Child Sex | 33 |
| Offender
Registration Act or the Child Sex Offender | 34 |
| Registration Act prior to January
1, 1996, shall be deemed | 35 |
| initially registered as of January 1, 1996; however,
this | 36 |
| shall not be construed to extend the duration of |
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| registration set forth
in Section 7.
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| (2) Except as provided in subsection (c)(4), any person | 3 |
| convicted or
adjudicated prior to January 1, 1996, whose | 4 |
| liability for registration under
Section 7 has not expired, | 5 |
| shall register in person prior to January 31,
1996.
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| (2.5) Except as provided in subsection (c)(4), any | 7 |
| person who has not
been notified of his or her | 8 |
| responsibility to register shall be notified by a
criminal | 9 |
| justice entity of his or her responsibility to register. | 10 |
| Upon
notification the person must then register within 5 | 11 |
| days of notification of
his or her requirement to register. | 12 |
| If notification is not made within the
offender's 10 year | 13 |
| registration requirement, and the Department of State
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| Police determines no evidence exists or indicates the | 15 |
| offender attempted to
avoid registration, the offender | 16 |
| will no longer be required to register under
this Act.
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| (3) Except as provided in subsection (c)(4), any person | 18 |
| convicted on
or after January 1, 1996, shall register in | 19 |
| person within 5 days after the
entry of the sentencing | 20 |
| order based upon his or her conviction.
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| (4) Any person unable to comply with the registration | 22 |
| requirements of
this Article because he or she is confined, | 23 |
| institutionalized,
or imprisoned in Illinois on or after | 24 |
| January 1, 1996, shall register in person
within 5 days of | 25 |
| discharge, parole or release.
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| (5) The person shall provide positive identification | 27 |
| and documentation
that substantiates proof of residence at | 28 |
| the registering address.
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| (6) The person shall pay a $20
initial registration fee | 30 |
| and
a $10
annual
renewal fee. The fees shall be used by the | 31 |
| registering agency for official
purposes. The agency shall | 32 |
| establish procedures to document receipt and use
of the | 33 |
| funds.
The law enforcement agency having jurisdiction may | 34 |
| waive the registration fee
if it determines that the person | 35 |
| is indigent and unable to pay the registration
fee.
Ten | 36 |
| dollars for the initial registration fee and $5 of the |
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| annual renewal fee
shall be used by the registering agency | 2 |
| for official purposes. Ten dollars of
the initial | 3 |
| registration fee and $5 of the annual fee shall be | 4 |
| deposited into
the Sex Offender Management Board Fund under | 5 |
| Section 19 of the Sex Offender
Management Board Act. Money | 6 |
| deposited into the Sex Offender Management Board
Fund shall | 7 |
| be administered by the Sex Offender Management Board and | 8 |
| shall be
used to
fund practices endorsed or required by the | 9 |
| Sex Offender Management Board Act
including but not limited | 10 |
| to sex offenders evaluation, treatment, or
monitoring | 11 |
| programs that are or may be developed, as well as for
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| administrative costs, including staff, incurred by the | 13 |
| Board.
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| (d) Within 5 days after obtaining or changing employment | 15 |
| and, if employed
on January 1, 2000, within 5 days after that | 16 |
| date, a person required to
register under this Section must | 17 |
| report, in person to the law
enforcement agency having | 18 |
| jurisdiction, the business name and address where he
or she is | 19 |
| employed. If the person has multiple businesses or work | 20 |
| locations,
every business and work location must be reported to | 21 |
| the law enforcement agency
having jurisdiction.
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| (Source: P.A. 93-616, eff. 1-1-04; 93-979, eff. 8-20-04; | 23 |
| 94-166, eff. 1-1-06; 94-168, eff. 1-1-06; revised 8-19-05.)
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| (730 ILCS 150/6) (from Ch. 38, par. 226)
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| Sec. 6. Duty to report; change of address, school, or | 26 |
| employment; duty
to inform.
A person who has been adjudicated | 27 |
| to be sexually dangerous or is a sexually
violent person and is | 28 |
| later released, or found to be no longer sexually
dangerous or | 29 |
| no longer a sexually violent person and discharged, or | 30 |
| convicted of a violation of this Act after July 1, 2005, shall | 31 |
| report in
person to the law enforcement agency with whom he or | 32 |
| she last registered no
later than 90 days after the date of his | 33 |
| or her last registration and every 90
days thereafter and at | 34 |
| such other times at the request of the law enforcement agency | 35 |
| not to exceed 4 times a year. Any person who lacks a fixed |
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| residence must report weekly, in person, to the appropriate law | 2 |
| enforcement agency where the sex offender is located. Any other | 3 |
| person who is required to register under this
Article shall | 4 |
| report in person to the appropriate law enforcement agency with
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| whom he or she last registered within 180 days
one year from | 6 |
| the date of last
registration and every 180 days
year | 7 |
| thereafter and at such other times at the request of the law | 8 |
| enforcement agency not to exceed 4 times a year . If any person | 9 |
| required to register under this Article lacks a fixed residence | 10 |
| or temporary domicile, he or she must notify, in person, the | 11 |
| agency of jurisdiction of his or her last known address within | 12 |
| 5 days after ceasing to have a fixed residence and if the | 13 |
| offender leaves the last jurisdiction of residence, he or she, | 14 |
| must within 48 hours after leaving register in person with the | 15 |
| new agency of jurisdiction. If any other person required to | 16 |
| register
under this Article changes his or her residence | 17 |
| address, place of
employment,
or school, he or she shall report | 18 |
| in
person to 5 the law
enforcement agency
with whom he or she | 19 |
| last registered of his or her new address, change in
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| employment, or school and register, in person, with the | 21 |
| appropriate law enforcement
agency within the
time period | 22 |
| specified in Section 3. The law enforcement agency shall, | 23 |
| within 3
days of the reporting in person by the person required | 24 |
| to register under this Article, notify the Department of State | 25 |
| Police of the new place of residence, change in
employment, or | 26 |
| school.
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| If any person required to register under this Article | 28 |
| intends to establish a
residence or employment outside of the | 29 |
| State of Illinois, at least 10 days
before establishing that | 30 |
| residence or employment, he or she shall report in person to | 31 |
| the law enforcement agency with which he or she last registered | 32 |
| of his
or her out-of-state intended residence or employment. | 33 |
| The law enforcement agency with
which such person last | 34 |
| registered shall, within 3 days after the reporting in person | 35 |
| of the person required to register under this Article of an | 36 |
| address or
employment change, notify the Department of State |
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| Police. The Department of
State Police shall forward such | 2 |
| information to the out-of-state law enforcement
agency having | 3 |
| jurisdiction in the form and manner prescribed by the
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| Department of State Police.
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| (Source: P.A. 93-977, eff. 8-20-04; 94-166, eff. 1-1-06; | 6 |
| 94-168, eff. 1-1-06; revised 8-19-05.)
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| Section 10. The Sex Offender and Child Murderer Community | 8 |
| Notification Law is amended by changing Sections 115 and 120 as | 9 |
| follows:
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| (730 ILCS 152/115)
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| Sec. 115. Sex offender database.
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| (a) The Department of State Police
shall establish and | 13 |
| maintain a Statewide Sex Offender Database for
the
purpose of | 14 |
| identifying sex offenders and making that information
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| available to the persons specified in Sections 120 and 125 of | 16 |
| this Law. The
Database shall be created from the Law | 17 |
| Enforcement Agencies Data System (LEADS)
established under | 18 |
| Section 6 of the Intergovernmental Missing Child Recovery Act
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| of 1984. The Department of State Police shall examine its LEADS | 20 |
| database for
persons registered as sex offenders under the Sex | 21 |
| Offender Registration Act and
shall identify those who are sex | 22 |
| offenders and shall add all the
information, including | 23 |
| photographs if available, on those sex offenders to
the | 24 |
| Statewide Sex
Offender
Database.
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| (b) The Department of State Police must make the | 26 |
| information contained in
the
Statewide Sex Offender Database | 27 |
| accessible on the Internet by means of a
hyperlink
labeled "Sex | 28 |
| Offender Information" on the Department's World Wide Web home
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| page. The Department must make the information contained in the | 30 |
| Statewide Sex Offender Database searchable by a 5-mile radius | 31 |
| from the sex offender's home or school attended. The Department | 32 |
| of State Police must update that information as it deems
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| necessary.
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| The Department of State Police may require that a person |
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| who seeks access to
the sex
offender information submit | 2 |
| biographical information about himself or
herself before
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| permitting access to the sex offender information. The | 4 |
| Department of State Police must promulgate rules
in accordance | 5 |
| with the Illinois Administrative Procedure
Act to implement | 6 |
| this
subsection
(b)
and those rules must include procedures to | 7 |
| ensure that the information in the
database is accurate.
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| (c) The Department of State Police, Sex Offender | 9 |
| Registration Unit, must develop and conduct training to educate | 10 |
| all those entities involved in the Sex Offender Registration | 11 |
| Program.
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| (Source: P.A. 93-979, eff. 8-20-04.)
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| (730 ILCS 152/120)
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| Sec. 120. Community notification of sex offenders.
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| (a) The sheriff of the county, except Cook County, shall | 16 |
| disclose to the
following the name, address, date of birth, | 17 |
| place of employment, school
attended, and offense
or | 18 |
| adjudication of all sex offenders required to register under | 19 |
| Section 3 of
the Sex Offender Registration Act:
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| (1) The boards of institutions of higher education or | 21 |
| other appropriate
administrative offices of each | 22 |
| non-public institution of higher education
located in the | 23 |
| county where the sex offender is required to register, | 24 |
| resides,
is employed, or is attending an institution of | 25 |
| higher education; and
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| (2) School boards of public school districts and the | 27 |
| principal or other
appropriate administrative officer of | 28 |
| each nonpublic school located in the
county where the sex | 29 |
| offender is required to register or is employed; and
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| (3) Child care facilities located in the county
where | 31 |
| the sex offender is required to register or is employed.
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| (a-2) The sheriff of Cook County shall disclose to the | 33 |
| following the name,
address, date of birth, place of | 34 |
| employment, school attended, and offense
or
adjudication of
all | 35 |
| sex offenders required to register under Section 3 of the Sex |
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| Offender
Registration Act:
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| (1) School boards of public school districts and the | 3 |
| principal or other
appropriate administrative officer of | 4 |
| each nonpublic school located within the
region of Cook | 5 |
| County, as those public school districts and nonpublic | 6 |
| schools
are identified in LEADS, other than the City of | 7 |
| Chicago, where the sex offender
is required to register or | 8 |
| is employed; and
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| (2) Child care facilities located within the region of | 10 |
| Cook
County, as those child care facilities are identified | 11 |
| in LEADS, other than
the City of Chicago, where the sex | 12 |
| offender is required to register or is
employed; and
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| (3) The boards of institutions of higher education or | 14 |
| other appropriate
administrative offices of each | 15 |
| non-public institution of higher education
located in the | 16 |
| county, other than the City of Chicago, where the sex | 17 |
| offender
is required to register, resides, is employed, or | 18 |
| attending an institution
of
higher
education.
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| (a-3) The Chicago Police Department shall disclose to the | 20 |
| following the
name, address, date of birth, place of | 21 |
| employment, school attended, and
offense
or adjudication
of all | 22 |
| sex offenders required to register under Section 3 of the Sex | 23 |
| Offender
Registration Act:
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| (1) School boards of public school districts and the | 25 |
| principal or other
appropriate administrative officer of | 26 |
| each nonpublic school located in the
police district where | 27 |
| the sex offender is required to register or is
employed if | 28 |
| the offender is required to register or is employed in the
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| City of Chicago; and
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| (2) Child care facilities located in the police | 31 |
| district where the
sex offender is required to register or | 32 |
| is employed if the offender is
required to register or is | 33 |
| employed in the City of Chicago; and
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| (3) The boards of institutions of higher education or | 35 |
| other appropriate
administrative offices of each | 36 |
| non-public institution of higher education
located in the |
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| police district where the sex offender is required to | 2 |
| register,
resides, is employed, or attending an | 3 |
| institution of higher education in the
City of
Chicago.
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| (a-4) The Department of State Police shall provide a list | 5 |
| of sex offenders
required to register to the Illinois | 6 |
| Department of Children and Family
Services.
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| (b) The Department of State Police and any law enforcement | 8 |
| agency may
disclose, in the Department's or agency's | 9 |
| discretion, the following information
to any person likely to | 10 |
| encounter a sex offender, or sexual predator:
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| (1) The offender's name, address, and date of birth.
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| (2) The offense for which the offender was convicted.
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| (3) Adjudication as a sexually dangerous person.
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| (4) The offender's photograph or other such | 15 |
| information that will help
identify the sex offender.
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| (5) Offender employment information, to protect public | 17 |
| safety.
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| (c) The name, address, date of birth, and offense or | 19 |
| adjudication , whether the victim and the sex offender knew each | 20 |
| other at the time of the commission of the offense, county of | 21 |
| conviction, license plate numbers for every vehicle registered | 22 |
| in the name of the sex offender, and any distinguishing marks | 23 |
| located on the body of the sex offender for sex
offenders | 24 |
| required to register under Section 3 of the Sex Offender | 25 |
| Registration
Act shall be open to inspection by the public as | 26 |
| provided in this Section.
Every municipal police department | 27 |
| shall make available at its headquarters
the information on all | 28 |
| sex offenders who are required to register in the
municipality | 29 |
| under the Sex Offender Registration Act. The sheriff shall
also | 30 |
| make available at his or her headquarters the information on | 31 |
| all sex
offenders who are required to register under that Act | 32 |
| and who live in
unincorporated areas of the county. Sex | 33 |
| offender information must be made
available for public | 34 |
| inspection to any person, no later than 72 hours or 3
business | 35 |
| days from the date of the request.
The request must be made in | 36 |
| person, in writing, or by telephone.
Availability must include |
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| giving the inquirer access to a
facility where the information | 2 |
| may be copied. A department or sheriff
may charge a fee, but | 3 |
| the fee may not exceed the actual costs of
copying the | 4 |
| information. An inquirer must be allowed to copy this | 5 |
| information
in his or her own handwriting. A department or | 6 |
| sheriff must allow access to
the information during normal | 7 |
| public working hours.
The sheriff or a municipal police | 8 |
| department may publish the
photographs of sex offenders where | 9 |
| any victim was 13 years of age or younger
and who are required | 10 |
| to register in the municipality or county under the Sex
| 11 |
| Offender Registration Act in a newspaper or magazine of general | 12 |
| circulation in
the municipality or county or may disseminate | 13 |
| the photographs of those sex
offenders on the Internet or on | 14 |
| television. The law enforcement agency may
make available the | 15 |
| information on all sex offenders residing within any county.
| 16 |
| (d) The Department of State Police and any law enforcement | 17 |
| agency having
jurisdiction may, in the Department's or agency's | 18 |
| discretion, place the
information specified in subsection (b) | 19 |
| on the Internet or in
other media.
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| (e) (Blank).
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| (f) The administrator of a transitional housing facility | 22 |
| for sex offenders shall comply with the notification procedures | 23 |
| established in paragraph (4) of subsection (b) of Section | 24 |
| 3-17-5 of the Unified Code of Corrections. | 25 |
| (g) A principal or teacher of a public or private | 26 |
| elementary or secondary school shall notify the parents of | 27 |
| children attending the school during school registration or | 28 |
| during parent-teacher conferences that information about sex | 29 |
| offenders is available to the public as provided in this Act.
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| (Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06; | 31 |
| revised 8-19-05.)
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